CSNbbs

It has begun

https://www.herald-dispatch.com/news/mar...da028.html

So good

Folks. It’s gonna get interesting

CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

This is contract law not a constitution. The new bylaws are addendums. If the addendums were not issued to all members and signed off by all members doesn’t apply to them.

(02-22-2022 06:52 PM)gdunn Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

This is contract law not a constitution. The new bylaws are addendums. If the addendums were not issued to all members and signed off by all members doesn’t apply to them.

Are you really going to claim that Marshall was not given the by-laws when they were created and voted on? I would need some extraordinary proof of that.

(02-22-2022 06:52 PM)gdunn Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

This is contract law not a constitution. The new bylaws are addendums. If the addendums were not issued to all members and signed off by all members doesn’t apply to them.

Exactly! Same reason the playoff can't expand before the end of the contract without the agreement of ALL parties to the contract.

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

Marshall is saying that they have not signed any updated bylaws and only signed one in 2003. If true and if USM, Rice or anyone before 2014 didn't sign off on them then they aren't bound by it. And as inept the conferences leadership is it's not hard to believe that they didn't have existing members to sign an updated bylaws.

(02-22-2022 07:02 PM)HerdZoned Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

Marshall is saying that they have not signed any updated bylaws and only signed one in 2003. If true and if USM, Rice or anyone before 2014 didn't sign off on them then they aren't bound by it. And as inept the conferences leadership is it's not hard to believe that they didn't have existing members to sign an updated bylaws.

If that turns out to be true I would switch sides and root for Marshall to leave early. But the chances of that being true seem very very small. Show us the compelling evidence.

(02-22-2022 06:55 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:52 PM)gdunn Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

This is contract law not a constitution. The new bylaws are addendums. If the addendums were not issued to all members and signed off by all members doesn’t apply to them.

Are you really going to claim that Marshall was not given the by-laws when they were created and voted on? I would need some extraordinary proof of that.

What I’m saying is you sign a contract with me and it says xyz. Then Herdzoned signs an updated contract with different language. You are not held to his contract. You’re held to the one you signed. Ever heard of being grandfathered in. Well here’s it in action.

(02-22-2022 07:05 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 07:02 PM)HerdZoned Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

Marshall is saying that they have not signed any updated bylaws and only signed one in 2003. If true and if USM, Rice or anyone before 2014 didn't sign off on them then they aren't bound by it. And as inept the conferences leadership is it's not hard to believe that they didn't have existing members to sign an updated bylaws.

If that turns out to be true I would switch sides and root for Marshall to leave early. But the chances of that being true seem very very small. Show us the compelling evidence.

You think a lawsuit would be filed if they weren’t sure?

(02-22-2022 07:08 PM)gdunn Wrote: [ -> ]

(02-22-2022 07:05 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 07:02 PM)HerdZoned Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

Marshall is saying that they have not signed any updated bylaws and only signed one in 2003. If true and if USM, Rice or anyone before 2014 didn't sign off on them then they aren't bound by it. And as inept the conferences leadership is it's not hard to believe that they didn't have existing members to sign an updated bylaws.

If that turns out to be true I would switch sides and root for Marshall to leave early. But the chances of that being true seem very very small. Show us the compelling evidence.

You think a lawsuit would be filed if they weren’t sure?

I did not see in any of the stories where Marshall was claiming to be ignorant of the rules and not part of the vote to implement them.

(02-22-2022 05:42 PM)Stugray2 Wrote: [ -> ]It has begun

https://www.herald-dispatch.com/news/mar...da028.html

http://www.youtube.com/watch?v=RwGHiicMNvA

(02-22-2022 07:02 PM)HerdZoned Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

Marshall is saying that they have not signed any updated bylaws and only signed one in 2003. If true and if USM, Rice or anyone before 2014 didn't sign off on them then they aren't bound by it. And as inept the conferences leadership is it's not hard to believe that they didn't have existing members to sign an updated bylaws.

No. It depends on the way the by-laws are written. It could be written so that it applies to everyone. Or not.

(02-22-2022 07:08 PM)gdunn Wrote: [ -> ]

(02-22-2022 07:05 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 07:02 PM)HerdZoned Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

Marshall is saying that they have not signed any updated bylaws and only signed one in 2003. If true and if USM, Rice or anyone before 2014 didn't sign off on them then they aren't bound by it. And as inept the conferences leadership is it's not hard to believe that they didn't have existing members to sign an updated bylaws.

If that turns out to be true I would switch sides and root for Marshall to leave early. But the chances of that being true seem very very small. Show us the compelling evidence.

You think a lawsuit would be filed if they weren’t sure?

Duh. Yes

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

Is it a West Virginia thing to put dumb stuff in your lawsuits that isn't how anything works? Because this sounds a lot like the dumb nonsense West Virginia had in their lawsuit against the Big East.

EDIT 2: I apologize for stereotyping MArshall based on my observations of WVU.

EDIT: The actual claim in the lawsuit doesn't seem to be that dumb. The claim seems to be about some kind of defect in the amendment process somewhere along the way--the current editioin of the bylaws is not dated, section numbering changes etc.

From the West Virginia Gazette, a PDF of Marshall's claim against CUSa

(02-22-2022 07:20 PM)bullet Wrote: [ -> ]

(02-22-2022 07:08 PM)gdunn Wrote: [ -> ]

(02-22-2022 07:05 PM)loki_the_bubba Wrote: [ -> ]

(02-22-2022 07:02 PM)HerdZoned Wrote: [ -> ]

(02-22-2022 06:50 PM)loki_the_bubba Wrote: [ -> ]As was pointed out to you by someone else in the thread on the CUSA board.

"I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined."

Marshall is saying that they have not signed any updated bylaws and only signed one in 2003. If true and if USM, Rice or anyone before 2014 didn't sign off on them then they aren't bound by it. And as inept the conferences leadership is it's not hard to believe that they didn't have existing members to sign an updated bylaws.

If that turns out to be true I would switch sides and root for Marshall to leave early. But the chances of that being true seem very very small. Show us the compelling evidence.

You think a lawsuit would be filed if they weren’t sure?

Duh. Yes

It happens thousands of times a day.

(02-22-2022 07:29 PM)johnbragg Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

Is it a West Virginia thing to put dumb stuff in your lawsuits that isn't how anything works? Because this sounds a lot like the dumb nonsense West Virginia had in their lawsuit against the Big East.

EDIT 2: I apologize for stereotyping MArshall based on my observations of WVU.

EDIT: The actual claim in the lawsuit doesn't seem to be that dumb. The claim seems to be about some kind of defect in the amendment process somewhere along the way--the current editioin of the bylaws is not dated, section numbering changes etc.

From the West Virginia Gazette, a PDF of Marshall's claim against CUSa

It's really not dumb, even with a weak hand you have a chance of convincing a court to find in your favor. Plus the possibility of your opponent deciding to settle with you for less just to avoid the time, hassle, expense of battling your claim in court. So long as your argument isn't so ludicrous that the lawyers won't make it because they fear getting sanctioned by the court, it's worth a shot.

(02-22-2022 08:21 PM)Gamenole Wrote: [ -> ]

(02-22-2022 07:29 PM)johnbragg Wrote: [ -> ]

(02-22-2022 06:47 PM)HerdZoned Wrote: [ -> ]CUSA sent out arbitration notices after they released the schedule. As we know now for at least Marshall and Southern Miss there are no arbitration clauses in the by-laws that they each signed. Southern Miss signed off on the by-laws in 1995 and Marshall in 2003. ODU may have an arbitration clause they signed off on in 2014 but are they going to really make ODU play by a different set of rules. Nothing CUSA has done since this started makes much since so I wouldn't be surprised at anything they try and do now.

Is it a West Virginia thing to put dumb stuff in your lawsuits that isn't how anything works? Because this sounds a lot like the dumb nonsense West Virginia had in their lawsuit against the Big East.

EDIT 2: I apologize for stereotyping MArshall based on my observations of WVU.

EDIT: The actual claim in the lawsuit doesn't seem to be that dumb. The claim seems to be about some kind of defect in the amendment process somewhere along the way--the current editioin of the bylaws is not dated, section numbering changes etc.

From the West Virginia Gazette, a PDF of Marshall's claim against CUSa

It's really not dumb, even with a weak hand you have a chance of convincing a court to find in your favor. Plus the possibility of your opponent deciding to settle with you for less just to avoid the time, hassle, expense of battling your claim in court. So long as your argument isn't so ludicrous that the lawyers won't make it because they fear getting sanctioned by the court, it's worth a shot.

I read through it, and it's a spaghetti-against-the-wall strategy, but it's none of the claims were as dumb as "neener neener, the current bylaws aren't the ones we signed." They're arguing in a few different ways that the bylaws are technically flawed--no signature page, no date.

And Marshall flat-out states that Marshall was not informed about the arbitration provision in the bylaws.

"45. Marshall did not have knowledge or assent to the incorporation into the Bylaws, and as a result, there is no mutual assent to their inclusion"

Which is a bold-ass claim to make if Marshall was, as you'd assume, at the meetings where the bylaws got revised and replaced etc etc. You'd think CUSA would have minutes of those meetings in a filing cabinet somewhere. Very curious.